Ms M Mones v Lisa Franklin Limited — 2021

Ms M Mones worked for Lisa Franklin Limited as a part-time receptionist from 3 November 2018 until 17 September 2020. Her automatic unfair dismissal claim under s.103A ERA 1996 was struck out because she did not pay the deposit ordered under Rule 39. The remaining hearing on 9 July 2021 concerned alleged unlawful deductions from wages and holiday pay.

On furlough, the tribunal found that the parties' agreement was contained in the 30 March 2020 furlough letter, under which the Claimant was furloughed from 3 April 2020 and paid by reference to her then flexible Friday working pattern. It rejected the argument that the CJRS Treasury Directions overrode that contractual arrangement. On that basis, the complaint that furlough pay for April to August 2020 was underpaid failed.

The tribunal upheld three unlawful deduction complaints relating to work and payments during the furlough period. It found that £109 was deducted in October 2020 for a locksmith invoice without contractual authority, because the second contract of 31 August 2020 had not been agreed and clause 10 did not authorise the deduction. It also found that a 3-hour induction/training event on 5 September 2020 was mandatory and awarded £11.70, being the 30% top-up from furlough pay, and that 5.5 hours of instructed research work in July and August 2020 were unpaid in part, with £21.45 due. The tribunal held that the July/August work complaint was in time under s.23 ERA 1996.

On holiday pay, the tribunal held that the Claimant's statutory entitlement up to termination exceeded the contractual calculation. Using the statutory approach it calculated holiday pay at £367.96, accepted that £222.30 had already been paid, and found the remaining £145.66 had been unlawfully deducted from final wages. The tribunal ordered the Respondent to pay £287.81 in total, subject to any tax and National Insurance deductions if required.